Sec. 45a-399. (Formerly Sec. 45-213). Suit upon claims against fiduciary. Period of limitation. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802b > Sec45a-399

      Sec. 45a-399. (Formerly Sec. 45-213). Suit upon claims against fiduciary. Period of limitation. When any fiduciary of a decedent's estate required to account in a court of probate is unable to settle or adjust any claim against him as such, or when any such fiduciary and a claimant against him are unable to agree concerning the amount or validity of such claim, such fiduciary may give written notice to such claimant of the disallowance of his claim, wholly or in part, and unless such claimant commences a suit against such fiduciary within four months after such notice has been given, such claimant shall be barred of his claim against such fiduciary, except such part as has been allowed, and of any such claim against the estate. If such creditor dies within such four months and before suit has been brought, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.

      (1949 Rev., S. 6998; P.A. 80-476, S. 275.)

      History: P.A. 80-476 made minor changes in wording and replaced references to executors, administrators, guardians, conservators and trustees with references to fiduciaries; Sec. 45-213 transferred to Sec. 45a-399 in 1991.

      Annotations to former section 45-213:

      Cited. 1 CA 535. Cited. 15 CA 649.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-399

      Sec. 45a-399. (Formerly Sec. 45-213). Suit upon claims against fiduciary. Period of limitation. When any fiduciary of a decedent's estate required to account in a court of probate is unable to settle or adjust any claim against him as such, or when any such fiduciary and a claimant against him are unable to agree concerning the amount or validity of such claim, such fiduciary may give written notice to such claimant of the disallowance of his claim, wholly or in part, and unless such claimant commences a suit against such fiduciary within four months after such notice has been given, such claimant shall be barred of his claim against such fiduciary, except such part as has been allowed, and of any such claim against the estate. If such creditor dies within such four months and before suit has been brought, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.

      (1949 Rev., S. 6998; P.A. 80-476, S. 275.)

      History: P.A. 80-476 made minor changes in wording and replaced references to executors, administrators, guardians, conservators and trustees with references to fiduciaries; Sec. 45-213 transferred to Sec. 45a-399 in 1991.

      Annotations to former section 45-213:

      Cited. 1 CA 535. Cited. 15 CA 649.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802b > Sec45a-399

      Sec. 45a-399. (Formerly Sec. 45-213). Suit upon claims against fiduciary. Period of limitation. When any fiduciary of a decedent's estate required to account in a court of probate is unable to settle or adjust any claim against him as such, or when any such fiduciary and a claimant against him are unable to agree concerning the amount or validity of such claim, such fiduciary may give written notice to such claimant of the disallowance of his claim, wholly or in part, and unless such claimant commences a suit against such fiduciary within four months after such notice has been given, such claimant shall be barred of his claim against such fiduciary, except such part as has been allowed, and of any such claim against the estate. If such creditor dies within such four months and before suit has been brought, a period of four months from his death shall be allowed to his executor or administrator within which to commence such suit.

      (1949 Rev., S. 6998; P.A. 80-476, S. 275.)

      History: P.A. 80-476 made minor changes in wording and replaced references to executors, administrators, guardians, conservators and trustees with references to fiduciaries; Sec. 45-213 transferred to Sec. 45a-399 in 1991.

      Annotations to former section 45-213:

      Cited. 1 CA 535. Cited. 15 CA 649.